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  • Linda Bennett v. OPM, 4th Cir. (2015)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Linda M. Bennett. The district court had granted a motion to dismiss one of the defendants, the Office of Personnel Management, on sovereign immunity grounds. However, the appellate court found it did not have jurisdiction over the appeal because the district court's order was not a final order and did not fall under any exceptions allowing interlocutory or collateral appeals. Therefore, the appellate court dismissed the appeal.

    Original Description:

    Filed: 2015-05-21 Precedential Status: Non-Precedential Docket: 15-1083

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Linda M. Bennett. The district court had granted a motion to dismiss one of the defendants, the Office of Personnel Management, on sovereign immunity grounds. However, the appellate court found it did not have jurisdiction over the appeal because the district court's order was not a final order and did not fall under any exceptions allowing interlocutory or collateral appeals. Therefore, the appellate court dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    14 views2 pages

    Linda Bennett v. OPM, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Linda M. Bennett. The district court had granted a motion to dismiss one of the defendants, the Office of Personnel Management, on sovereign immunity grounds. However, the appellate court found it did not have jurisdiction over the appeal because the district court's order was not a final order and did not fall under any exceptions allowing interlocutory or collateral appeals. Therefore, the appellate court dismissed the appeal.

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    Public Domain
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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-1083

    LINDA M. BENNETT, Executrix for the Estate of Elizabeth H.


    Maynard and on behalf of herself and others similarly
    situated,
    Plaintiff - Appellant,
    v.
    OFFICE OF PERSONNEL MANAGEMENT (OPM); OFFICE OF FEDERAL
    EMPLOYEES GROUP LIFE INSURANCE (OFEGLI); METROPOLITAN LIFE
    INSURANCE COMPANY (METLIFE),
    Defendants - Appellees.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro. James A. Beaty, Jr.,
    Senior District Judge. (1:14-cv-00137-JAB-JLW)

    Submitted:

    May 19, 2015

    Decided: May 21, 2015

    Before NIEMEYER and HARRIS, Circuit Judges, and DAVIS, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Linda M. Bennett, Appellant Pro Se.


    Joan Brodish Binkley,
    Assistant United States Attorney, Greensboro, North Carolina;
    Elizabeth J. Bondurant, WOMBLE CARLYLE SANDRIDGE & RICE, PLLC,
    Atlanta, Georgia; Katherine Thompson Lange, WOMBLE CARLYLE
    SANDRIDGE
    &
    RICE,
    PLLC,
    Charlotte,
    North
    Carolina,
    for
    Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Linda M. Bennett seeks to appeal the district courts order
    adopting the magistrate judges recommendation and granting on
    sovereign

    immunity

    Defendant

    Office

    grounds
    of

    the

    Personnel

    motion

    to

    dismiss

    Management.

    This

    filed
    court

    by
    may

    exercise jurisdiction only over final orders, 28 U.S.C. 1291


    (2012),

    and

    certain

    interlocutory

    and

    collateral

    orders,

    28

    U.S.C. 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial


    Indus.

    Loan

    Bennett

    Corp.,

    seeks

    to

    337

    U.S.

    appeal

    is

    541,

    545-46

    neither

    (1949).
    final

    appealable interlocutory or collateral order.

    The

    order

    order

    nor

    an

    See Catlin v.

    United States, 324 U.S. 229, 233 (1945); Baird v. Palmer, 114
    F.3d 39, 42 (4th Cir. 1997); Sault Ste. Marie Tribe of Chippewa
    Indians

    v.

    Michigan,

    F.3d

    147,

    150

    (6th

    Cir.

    1993).

    Accordingly, we dismiss the appeal for lack of jurisdiction.


    dispense

    with

    contentions

    are

    oral

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    We

    and

    legal

    materials

    before

    this court and argument would not aid the decisional process.

    DISMISSED

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